Family being evicted amid 'sangla-tira' scheme seeks help
A family that was renting a home under a “sangla-tira” scheme is seeking assistance from Kapuso Action Man as they were now being evicted.
Victim Jose (not his real name) rented a property from Donna (not her real name) for P500,000. They were allowed to live in the house until 2025 without pay but since Donna is not the house owner, Donna had to produce a Special Power of Attorney (SPA).
However, another renter is now claiming the house and wants to evict Jose, according to Emil Sumangil’s “24 Oras” report on Monday.
“Akala namin okay kasi pinsan po niya yung may-ari. ‘Yung SPA na lang po yung problema dahil hindi raw po nakapangalan sa kanya yung bahay… to follow na lang daw po,” said Jose.
(We thought it was okay because the owner was Donna's relative. We only needed the SPA but she said would just provide one later.)
“Ako na lang po yung humabol sa SPA kaso hanggang ngayon wala pa rin po. Tapos si biglang lumitaw, naka-SPA din,” he said.
(I followed up on the SPA but she still couldn't provide one. Now somebody else show's up with an SPA.)
According to Lawyer Conrad Leaño, the “sangla-tira” agreement was invalid without an SPA. However, the new party that had an SPA were likewise not allowed to just evict Jose.
“Generally, ang sanla-tira ay pinapayagan naman ng ating batas. Dito sa kaso ng ating complainant dahil ang property ay isinanla sa kanya without any authority, lumalabas na hindi siya yung rightful owner nung property and therefore, hindi niya pwede na basta-basta ito isanla nang walang kapahintulutan ng may-ari ng lupa. Dahil ito'y walang SPA, lumalabas na walang bisa yung pagkakasanla sa kanya,” he said.
(The law does allow for a sangla-tira agreement. But because the one who offered the property was not the owner, then she is not allowed to just rent it out. The agreement may be considered invalid.)
“Bagamat mayroong lumalapit sa kanya ngayon na mayroong SPA, dapat ito’y ipakita niya, iva-validate ito kung ito’y totoo at kahit na mayroon siyang SPA hindi naman agad-agad pupwede siyang mapaalis sa inookupahan niyang property,” said Leaño.
(Even if this new party has an SPA, it needs to be validated. But even then, you can't just immdiately evict the tenants.)
“Without any court order, hindi mo pupwedeng basta-basta ipa-vacate yung taong pinagsanlaan. Otherwise, kung gagawin mo ‘yun extrajudicially, pwede ka namang makasuhan ng grave coercion,” he added.
(Without any court order, they cannot force them to vacate the property. If done extrajudicially, they can be charged with grave coercion.)
Leaño also said charges may be filed against the property owner.
“Kung mayroong panloloko rito, pwede nila sampahan ng estafa yung nagsanla sa kanila,” he added.
(They can file an estafa complaint against the person who rented the place out.)
The legal counsel of the party with the SPA said the house's owner was not aware of Jose and Donna’s transactions and was now processing the tenant’s eviction.
GMA Integrated News reached out to Donna but she has yet to respond. — Sundy Locus/DVM, GMA Integrated News